The Indonesian Journal of Agrarian Law (ISSN 3110-6633), published by the Faculty of Law, Universitas Negeri Semarang, is a distinguished platform dedicated to the exploration, analysis, and discourse on key issues related to agrarian law in Indonesia and its global implications. This journal emphasizes the intersection of legal frameworks with agrarian practices, aiming to advance understanding and propose solutions for contemporary challenges in land governance, reform, and rural development. We invite original research, theoretical insights, and policy analyses that address a broad spectrum of topics within the domain of agrarian law, including but not limited to: Land tenure and land use rights Agrarian reform policies and their socio-economic impacts Indigenous land rights and customary law Environmental sustainability within agrarian legal contexts The role of agrarian law in food security and rural development Land conflicts, dispute resolution, and land-based human rights The legal aspects of agricultural investment and land commodification Comparative studies of agrarian law in Southeast Asia Through rigorous scholarship, the journal strives to foster a deeper understanding of how legal systems shape agrarian structures, empower marginalized communities, and promote sustainable agricultural practices. As a vital contribution to legal scholarship, the Indonesian Journal of Agrarian Law serves as a critical voice in the ongoing discussion about harmonizing legal frameworks with the needs and aspirations of rural populations and the environment.
All articles published in the Indonesian Journal of Agrarian Law are made available under the Creative Commons Attribution 4.0 International License (CC BY 4.0). By submitting a manuscript to the journal, authors agree to the terms outlined below regarding the distribution, use, and sharing of their work.
From Sprawl to Sky: Legal Barriers to Affordable Vertical Housing Amid Landed Home Preferences in Semarang
Public preference for landed housing in Semarang City poses a serious challenge to the development of affordable vertical housing, such as apartments. This article analyzes the factors influencing this preference and examines the legal regulations regarding landed housing in Indonesia, particularly in Semarang City. Through a normative legal approach and qualitative data, it is found that cultural factors, social status, land ownership, and minimal public awareness of landed housing influence the low public interest in apartments. Meanwhile, legal regulations regarding landed housing are scattered across various regulations and have not provided concrete solutions to the accessibility of affordable landed housing. Therefore, regulatory harmonization and responsive public policy interventions are needed to address the dynamic housing needs in urban areas like Semarang.
landed housing, landed housing, public preference, Semarang City, housing regulations
Copyright (c) 2025 Wei Jie Tan, Aprilia Puspitasari Putri Legiman, Aiman Abd Hakim, Muhammad Azka Robbi (Author) https://creativecommons.org/licenses/by/4.0
Strata Title in Practice: Legal Review of Apartment Ownership in Pekalongan Under Law No. 20 of 2011
This research discusses the juridical aspects of apartment ownership with a focus on the implementation of the provisions of the Right of Ownership over Apartment Units (HMSRS) in Pekalongan City based on Law No. 20 of 2011 on Apartments. The background of this research arises from the issue of limited land in urban areas due to rapid population growth and urbanization, which encourages the need for alternative vertical housing such as apartments. Apartments have become a solution to the housing crisis, particularly for low-income communities (MBR), but the legal implementation in the region often does not fully align with national regulations. This study highlights that the management of Rusunawa in Pekalongan City is still carried out administratively with a rental system, without granting individual ownership rights as stipulated in the law. Through a normative juridical approach, this research examines the legal provisions regarding land status and assesses the extent to which regional regulations and field practices reflect national legal principles. The research results show a discrepancy between lex superior and lex inferior, which can cause legal uncertainty for residents. This research recommends a reformulation of regional policies, an active role for the National Land Agency (BPN) in legal recognition, and the importance of increasing public legal literacy to create a fair and sustainable apartment ownership system.
Apartments, Right of Ownership over Apartment Units, Pekalongan City, UU No 20 Tahun 2011
Copyright (c) 2025 Widiya Dwi Novarianti, Aditya Kusuma Bharata, Muhammad Faiz, Priya Nair, Kanya Suksawat (Author) https://creativecommons.org/licenses/by/4.0
Vertical Housing for the Poor: Case Study of Kudu Block H Rusunawa in Semarang
This article presents a comprehensive analysis of Rusunawa Kudu Block H in Semarang City, Indonesia, using secondary data from reliable sources. It explores the broader goals of Simple Rental Flats (Rusunawa) within Indonesia’s national housing policy, focusing on the development of inclusive and affordable urban housing for Low-Income Communities (MBR). The study highlights Semarang as a key case due to its high population density and limited land for housing. Rusunawa Kudu is profiled as a strategic housing complex that improves living conditions for economically disadvantaged groups. Special attention is given to Block H, a recently added structure within the complex, examining its physical condition, residential use, and social development potential. The research uses a literature review and secondary data analysis, drawing on academic publications, government documents, and credible online media. However, limited public data on Block H’s condition and resident demographics constrains deeper analysis. Findings show that Rusunawa Kudu plays a vital role in addressing housing needs for MBR, and the development of Block H signals the local government’s commitment to expanding access to affordable housing. Nonetheless, the lack of transparency and data availability hinders effective monitoring and evaluation. The article concludes by stressing the need for better documentation and open access to public data on social housing projects. Such improvements are crucial for formulating more effective and sustainable housing and urban development policies.
Rusunawa Kudu, Low-Income Communities, Social Housing
Copyright (c) 2025 Muhammad Khoirul Anam, Liam Harris, Chen Jia (Author) https://creativecommons.org/licenses/by/4.0
Can Public Flats Bridge the Gap? Housing Solutions for Low-Income Residents in Brebes
The provision of adequate housing for low-income communities (MBR) in Brebes Regency is a significant challenge in the context of rapid economic and population growth. This article examines the dynamics of the development of Simple Rental Flats (rusunawa) as an affordable housing solution for MBR. Through a qualitative descriptive approach, this study explores government policies, challenges faced, and the potential of rusunawa in improving the quality of life of the community. The results of the study indicate that although rusunawa offers accessibility, security, and comfort, there are still obstacles in the socialization and understanding of the community regarding this facility. Therefore, further efforts are needed to improve public information and participation in rusunawa management. This study is expected to provide recommendations for policy makers to create more inclusive and sustainable housing solutions.
housing, low-income communities, rusunawa, government policy, quality of life
Copyright (c) 2025 Rina Waliya Nuraini, Aprila Niravita, Subhan Fikri Alimuddin, Fatma Youssef (Author) https://creativecommons.org/licenses/by/4.0
Agrarian Reform as Housing Justice: Transforming Land for Equitable Flat Access in Cirebon
Land transformation through agrarian reform as an effort to ensure equitable access to adequate housing, particularly vertical housing (flats) in Cirebon. Agrarian reform is positioned not merely as land redistribution but also as a strategic instrument in providing housing for low-income communities. This approach aims to address land ownership inequality and enhance housing affordability through collaboration between the government and the public. The study demonstrates that agrarian reform can serve as an innovative solution to the housing crisis and social inequality in urban areas.
Agrarian Reform, Land Transformation, Housing Equity, Vertical Housing, Cirebon
Copyright (c) 2025 Aisha Al-Mahrouqi, Ridha Rinduni, Noah Williams (Author) https://creativecommons.org/licenses/by/4.0
Broken Promises in Public Housing: Analyzing Functional Failure of Juwana Rusunawa, Pati
Rusunawa Juwana is a vertical housing project built in 2016 with a total budget of Rp28.9 billion, which came from the allocation of central government funds through the Ministry of Public Works and Public Housing (PUPR). The project was designed to be a housing solution for low-income communities, especially those affected by regular flooding in the Pati region of Central Java, with the hope of improving the quality of life of residents through safe, decent and affordable housing. However, within six years of its operation, the condition of the building suffered from various serious and significant damages, especially leaks on the roof and walls that caused mould and mildew, which not only disturbed the comfort of the residents but also had an impact on their health. This situation has led to low public interest in occupying the residential units, despite the low rent. This article aims to analyse in depth the causes of the malfunction of Rusunawa Juwana, using a descriptive qualitative approach sourced from secondary data, including media reports and relevant public documents. The analysis revealed that these failures were caused by a number of crucial factors, including poor technical planning and supervision in the development process, weak post-development monitoring systems that should ensure building quality and safety, and the lack of maintenance budgets allocated by local governments after management responsibilities were handed over from the central government.
Rusunawa, building leakage, public housing, asset management, Pati
Copyright (c) 2025 Ardiyanti Julia Maharani (Author) https://creativecommons.org/licenses/by/4.0
Public Flats for the Poor? Legal Review of Cingised Rusunawa’s Effectiveness in Bandung
Rapid population growth and limited land in urban areas have encouraged the government to develop vertical housing solutions such as Simple Rental Flats (Rusunawa), one of which is Rusunawa Cingised in Bandung City. The presence of Rusunawa aims to provide decent, safe, and affordable housing for Low-Income Communities (MBR), as well as being part of the city planning strategy, but its implementation in the field still causes various problems, both from legal, social, economic, and technical management aspects. This study aims to explain the legal provisions regarding Rusunawa and examine the effectiveness of utilizing Rusunawa Cingised as a solution for providing housing for MBR. The research method used is normative legal research with a qualitative approach through literature studies, based on secondary data from laws and regulations, books, journals, and related documents. The results of the study show that legally the development of Rusunawa has been supported by various regulations, especially Law Number 20 of 2011 concerning Flats. In practice, Rusunawa Cingised has also made a significant contribution in providing affordable alternative housing amidst limited urban land. However, in terms of the effectiveness of its utilization, Rusunawa Cingised still faces obstacles, although social programs have been designed, implementation in the field has not been fully optimal, both in terms of infrastructure maintenance, resident involvement, and sustainability programs. Therefore, synergy is needed between legal policies, professional management, local government support, and active community participation in order to make Rusunawa an effective and sustainable housing solution for MBR in urban areas.
Rusunawa, Low Income Community (MBR), Effectiveness
Copyright (c) 2025 Alega Alega, Joshua Hadimulyo (Author) https://creativecommons.org/licenses/by/4.0
Unfulfilled Promises: Analyzing Delayed Strata Title Certificates Under Indonesia’s Apartment Law in Surabaya
The delay in issuing Certificate of Ownership for Apartment Units (SHMSRS) by apartment developers in Surabaya has become a chronic issue harming consumers. This study analyzes developers' obligations under Law No. 20 of 2011 on Apartment Buildings and legal remedies available for apartment owners. The research employs a normative juridical approach with case studies on Surabaya apartment projects experiencing SHMSRS delays. Findings indicate that developers are legally required to issue SHMSRS after construction completion and full payment, but enforcement remains weak due to bureaucratic hurdles, developers' financial constraints, and lack of oversight. Apartment owners can pursue litigation (civil lawsuits or class actions) or non-litigation avenues (via Consumer Dispute Resolution Agency/BPSK, Financial Services Authority/OJK, or related agencies). Strengthening inter-agency coordination, streamlining procedures, and empowering consumers are essential to ensure developer compliance.
apartment developers, Apartment Law, consumer protection
Copyright (c) 2025 Rifki Pebriananta, Rizki Febrian Lesmana, Zudan Ahmad Zulfikar (Author) https://creativecommons.org/licenses/by/4.0
Industrial Growth, Housing Gaps: Assessing Flat Needs for Workers (Case of Pringapus, Indonesia)
This study aims to analyze the needs and planning of flats for workers in the industrial area of ​​Pringapus District, Semarang Regency. Along with the development of the industrial sector in this area, the demand for decent housing for workers is increasing, but has not been balanced by the provision of flats that are in accordance with their needs. Based on demographic data and labor density in the area, this study will identify the conditions of housing needs as well as technical, social, and environmental aspects that need to be considered in planning decent and sustainable flats. The main focus of this study is how an effective flat planning model can be applied, taking into account the economic limitations of workers and the need to create a safe and comfortable residential environment. The method used in this study is normative legal research, which includes an analysis of laws and regulations, government policies, and relevant literature on flat planning for workers in industrial areas. The results of this study are expected to provide recommendations for better planning and construction of flats in the Pringapus industrial area, as well as support government policies in providing affordable and decent housing for workers.
Flats, Industrial Workers, Housing Planning, Pringapus District, Industrial Area
Copyright (c) 2025 Elvana Akar Yoga Elsisi Suanti, Karim Amrullah (Author) https://creativecommons.org/licenses/by/4.0
Who Owns What? Legal Analysis of Unit Ownership in Solo Urbana Residence under Indonesian Land Law
The development of vertical housing in Indonesia is increasing rapidly along with the increasing needs of urban communities for practical and strategic places to live, one of which is through the construction of apartments. However, behind this phenomenon, there are important issues related to the ownership of apartment units in the perspective of Indonesian land law. This article discusses juridically the form of ownership of apartment units through the mechanism of Property Rights on Flat Units (HMSRS), with a case study of Solo Urbana Residence in Surakarta City. In addition, this article also reviews the legal requirements that must be met so that the ownership status of an apartment unit can be considered valid, as well as how legal protection is provided to unit owners in the event of a dispute, both in the administrative, civil and criminal realms. By using normative juridical method and qualitative approach to regulations and legal literature, this article aims to provide understanding to the public to be more vigilant and understand their legal rights in apartment transactions.
Flat Unit Ownership Rights, Apartment Ownership, Legal Protection
Copyright (c) 2025 Nadya Ivi Oktaviani (Author) https://creativecommons.org/licenses/by/4.0
Securing the Right to Housing: Legal Review of Rusunawa on Local Government Land in Brebes
The development of low-cost rental apartments (Rusunawa) is a government initiative aimed at providing decent housing for low-income communities (MBR), especially in areas with high urbanization rates such as Brebes Regency. However, the utilization of regional government-owned land for the construction of Rusunawa raises legal issues regarding ownership status and residents' housing rights. This study aims to examine the legal provisions surrounding the use of state/regional land for apartment development, as well as the form of ownership or housing rights granted to residents of public apartments built on such land. The research adopts a normative legal method with a descriptive-analytical approach, using primary data from statutory regulations and secondary data from field observations at the Brebes Rusunawa. The findings reveal that the land remains the property of the regional government and cannot be transferred to residents. Thus, residents are granted only temporary rental rights through agreements with the local government. These rights are non-permanent, non-inheritable, and non-transferable—unlike the Ownership Certificate of Strata Title Units (SHMSRS). Accordingly, legal regulations in Brebes affirm that housing rights in Rusunawa are temporary and based solely on lease agreements, in accordance with the Regent Regulation and Government Regulation on the Management of Regional Assets.
Copyright (c) 2025 Aulia Pebriyani (Author) https://creativecommons.org/licenses/by/4.0
State Land, Private Homes: Legal Implications of Public Apartment Ownership in Bandung
The construction of flats is carried out to accommodate people who do not have large land. The land that is the location for the construction of flats currently has ownership rights, building use rights, and use rights. Law Number 20 of 2011 (Law on Flats) regulates, considering that land rights to build flats are limited, especially in facilitating low-income people. However, the construction of flats on land owned by the government or regions still has many obstacles, so it has not been implemented. This study uses a descriptive analytical methodology with a normative legal approach. Library research data is analyzed qualitatively normatively. Based on the results of the study, the government is tasked with utilizing state or regional land in the form of land to build public flats. There are various challenges in providing public flats, both owned and rented. The government plans to issue a Building Ownership Certificate (SKBG) for Flat Units to overcome the obstacles to the demand for public flats. The flats were built as a pilot project in the city of Bandung. Since the implementing regulations for the SKBG Sarusun have just been issued, it is currently impossible to prove ownership of the SKBG Sarusun for public flats on land owned by the government or local government. Therefore, implementing instructions must be issued immediately.
Copyright (c) 2025 Siti Aminah Abdul Azis, De Atika Kanzu, Kartika Putri Handoyo (Author) https://creativecommons.org/licenses/by/4.0
Demolished and Displaced: Legal Protection for Flat Owners in Uninhabitable Buildings, West Jakarta
The rise in the construction of apartment buildings as a solution to limited land and housing needs in urban areas is not accompanied by comprehensive legal regulations, particularly regarding demolition and unit owner rights. In this context, demolition is part of an effort to improve building quality, but it often creates legal uncertainty and losses for unit owners, especially if the building is demolished due to aging without clear compensation. This research uses a normative method with a regulatory and legal theory approach to analyze developer responsibilities, apartment owner rights, and ideal forms of legal protection. The study results indicate a regulatory gap regarding compensation and protection for unit owners after demolition. Therefore, strengthening the legal system is necessary to guarantee comprehensive protection, including technical regulations for demolition, provision of temporary housing, and fair and proportional compensation mechanisms.
legal protection, apartment buildings, demolition, developers, compensation
Copyright (c) 2025 Windiahsari Windiahsari, Eva Cornelia Putri, Zean Nicholas Dharmaputra (Author) https://creativecommons.org/licenses/by/4.0
Public Rental Flats as a Solution? Feasibility Study of Kebondalem Rusunawa for the Urban Poor
This study aims to analyze the level of housing suitability in the Kebondalem Simple Rental Flats (Rusunawa), Kendal Regency, as one form of solution for providing housing for low-income people (MBR). The background of this study is based on the need for decent, safe, and affordable housing amidst the growth of urbanization and limited housing land. The approach used in this study is quantitative descriptive to obtain more comprehensive information. This study examines several aspects of housing suitability, including the physical condition of the building such as structure and cleanliness, the availability and function of public and social facilities, the rusunawa management system which includes management policies, maintenance, and security, and the level of resident satisfaction with comfort, privacy, and accessibility. The results of this study indicate that there are several aspects that meet the eligibility standards, but there are also aspects that still need to be improved, especially in terms of building maintenance, completeness of facilities, and management effectiveness. The results of this study are expected to be input for local governments, rusunawa managers, and related parties in formulating better policies and strategies for providing decent, sustainable housing that is in accordance with the needs of low-income people.
Housing Suitability, Rusunawa, Low-Income Communities
Copyright (c) 2025 Vivi Martia (Author) https://creativecommons.org/licenses/by/4.0
Kraton Tegal Flats and the Struggle for Equal Housing Rights in Urban Indonesia
This article discusses the role of Kraton Flats in Tegal City as an effort to provide housing rights that are equal to those of the lower class (MBR). In the context of urbanization, limited land, and social inequality, the construction of flats is an alternative solution that not only answers the need for housing, but also strengthens the dimensions of social justice and inclusion of urban space. Through a normative legal approach, this article analyzes how flats function as a state instrument in carrying out the constitutional mandate to provide decent, safe, and affordable housing. Kraton Flats provide basic facilities, collective living spaces, and access to social and economic services, which encourage an increase in the quality of life of its residents. However, its effectiveness is influenced by a number of supporting factors such as policy support, infrastructure quality, and citizen participation. On the other hand, there are also challenges that need to be overcome, including limited maintenance budgets, weak literacy of residents regarding rights and obligations, and social conflicts between residents. Therefore, a community-based management strategy and sustainable policies are needed so that flats truly represent the right to fair and humane housing amidst urban dynamics.
flats, housing rights, low-income communities, social justice, Tegal City
Copyright (c) 2025 Nugrahati Audia Rayana (Author) https://creativecommons.org/licenses/by/4.0
Ensuring Housing Rights: Legal Analysis of Rusunawa Implementation in Purbalingga Regency
This study discusses the legal framework and the implementation of the management and occupancy system of Simple Rental Flats (Rusunawa) in Purbalingga Regency, which are intended for low-income communities (MBR). The purpose of this research is to analyze the compliance of Rusunawa implementation in Purbalingga with applicable national and regional legal regulations. The research method used is normative juridical, employing a statutory approach and secondary data consisting of laws, government regulations, official documents, and information from related agencies. The findings indicate that the development and management of Rusunawa in Purbalingga are in accordance with Law Number 20 of 2011, Government Regulation Number 12 of 2021, Ministry of Public Works Regulation No. 14/PRT/M/2017, and Purbalingga Regional Regulations. However, ongoing supervision and improvements in technical regulations are necessary to ensure that the social benefits of Rusunawa are maximized and sustainable.
Rusunawa, Housing Law, Low-Income Communities, Rusunawa Management, Purbalingga Regency
Copyright (c) 2024 Hasan Akmal Rohmatino (Author) https://creativecommons.org/licenses/by/4.0
Are They Truly Accessible? Evaluating Disability Housing at Prof. Dr. Soeharso Rehabilitation Center
People with physical disabilities often face difficulties in carrying out their daily lives, especially in accessing disability-friendly public facilities. The BBRSPDF Prof. Dr. Soeharso Flats, built by the Ministry of Social Affairs, is a solution for people with physical disabilities by providing housing designed with accessibility principles. This study aims to explore the application of accessibility principles in the design and construction of the flats, as well as to evaluate the facilities provided to support the needs of people with physical disabilities. Using a normative legal research approach and a literature study method, this study explores various regulations related to accessibility and inclusive design, as well as evaluating facilities such as ramps, handrails, disabled toilets, and guiding blocks provided in the flats. The results of the study are expected to provide recommendations for further improvements in the design of more inclusive housing and support the independence of people with physical disabilities.
Copyright (c) 2024 Najma Kusumawardhani Mustika Putri (Author) https://creativecommons.org/licenses/by/4.0
Civil Servant Housing and Regional Governance: A Strategic Asset for South Papua’s Capital Development
South Papua Province, as a newly established autonomous region, urgently requires basic infrastructure, particularly housing for Civil Servants (ASN), to support the smooth operation of government administration. One sustainable solution to address urban land limitations is the construction of vertical housing or apartment buildings (Rusun). This study aims to analyze the strategic role of apartment housing for civil servants in South Papua and examine the legal framework as well as socio-spatial implications of vertical housing development. The research employs a normative juridical method with a qualitative approach, focusing on library research of statutory regulations and legal doctrines on apartment housing, along with official documents related to the construction of ASN Rusun. The findings reveal that state-owned apartment housing plays a crucial role in achieving equitable development, improving the welfare of civil servants, and ensuring efficient governance. The legal framework under the Apartment Law emphasizes collective ownership rights, professional management, and legal certainty of ownership. The development strategy of ASN apartments in South Papua reflects strong collaboration between central and local governments in addressing housing challenges in a newly established province.
Apartment Housing, Civil Servants, South Papua, Vertical Housing
Copyright (c) 2024 Syahriana Hannan Fathya Achya, Suhadi Suhadi, Muhammad Adymas Hikal Fikri, Ahmad Ali Wardono, Sisilia Putri Dewi https://creativecommons.org/licenses/by/4.0
Commercial Flats, Residential Breaches: Evaluating Legal Action on Misuse in Kudus
The phenomenon of unauthorized conversion of residential units into commercial spaces in commercial apartment buildings in Kudus Regency has become a serious issue, impacting spatial planning, comfort, and the safety of residents. This study aims to analyze the effectiveness of law enforcement by local government against violations of residential functions, identify the main obstacles, and formulate applicable solutions to improve compliance with residential use. The research employs an empirical juridical method with a case study approach in Kudus. The findings reveal that the effectiveness of law enforcement remains low due to weak supervision, the lack of strict sanctions, limited resources, and low legal awareness among the community. Additionally, overlapping regulations and insufficient inter-agency coordination exacerbate the situation. Regulatory reform, digitalization of the monitoring system, strengthening the capacity of the Owners and Residents Association (PPPSRS), and cross-sectoral synergy between government, developers, and residents are required. The recommendations of this study are expected to serve as a reference for the formulation of more effective policies and law enforcement strategies in the management of commercial apartment buildings in Indonesia.
Apartment, Residential Function, Law Enforcement, Kudus
Copyright (c) 2024 Abdurrahman Abdurrahman, Salsabila Nisa Aprilia, Abraham Xavier (Author) https://creativecommons.org/licenses/by/4.0
When Permits Are Missing: Legal Impacts on Apartment Buyers in Non-Compliant Buildings
The rapid growth of urban areas has driven significant changes in people's housing patterns, especially through the choice of multi-storey housing. This phenomenon emerged as a response to land limitations and high population mobility in urban areas. Behind all the conveniences conveyed in commercial offers, vertical housing is not free from complex problems, both in the legal realm and in daily management practices. Disputes between residents and managers, imbalances in the enforcement of rights and responsibilities, and weak guarantees of legal certainty in unit ownership transactions are issues that often arise. This article attempts to examine the normative framework and the reality of its implementation in the context of multi-storey housing in Indonesia. With a juridical-empirical approach, the discussion focuses on the aspect of legal relations between the parties involved and the urgency of policy reformulation in order to create a more inclusive and equitable management system.
Copyright (c) 2024 Mikko Agustian Hadiputra, Dina Mukti Yatulloh (Author) https://creativecommons.org/licenses/by/4.0
Affordable but Adequate? Effectiveness of Rusunawa for Low-Income Housing in Cepu
The effectiveness of simple rental apartments (rusunawa) as a housing solution for low-income communities (MBR) is examined using the case study of the Cepu Rusunawa in Blora Regency. The housing backlog in Indonesia, which will reach 12.7 million units by 2023, with 84% of the population remaining homeless, is the background to the urgency of this research. The rapid rate of urbanization of 3% per year, with a projection that 66.6% of Indonesia's population will live in urban areas by 2035, further emphasizes the importance of vertical housing solutions. The research method employed a normative legal study approach. Data analysis was conducted through qualitative methods, utilizing legal, conceptual, and comparative perspectives for policy analysis related to the implementation of Law No. 20 of 2011 concerning Flats. The results indicate that the Cepu Rusunawa, built with an investment of IDR 15.8 billion from the state budget and inaugurated in February 2017 with 98 residential units, faces significant challenges in its management. Despite initial interest, occupancy has declined, with 30 of the 99 units vacant by 2023. Several inhibiting factors exist, including unclear management status between the central and regional governments, and the need for a comprehensive evaluation of service quality and the physical condition of the buildings. A holistic and collaborative approach from all stakeholders is needed to optimize the function of the low-cost apartments as a sustainable, affordable housing solution.
Flats, Low-Income Communities (MBR), Policy
Copyright (c) 2024 Primerta Putri Hapsari (Author) https://creativecommons.org/licenses/by/4.0
From Ground to Sky: Legal Review of Flat Development in Cirebon under Apartment Law
Technological developments and rapid population growth are driving the need for adequate housing, especially in increasingly dense urban areas. In efforts to realize a just and prosperous society, the construction of flats is a strategic solution that can address the challenges of limited land and the increasing demand for housing in urban areas. Demographic projections indicate that by 2030, approximately 70% of Indonesia's population will live in urban areas, making the provision of flats an unavoidable urgency. Cirebon City, as a strategic city located on the main connecting route to Java Island, is experiencing rapid development in various sectors, including infrastructure and spatial planning. With a population of 343,497 and a density of 9,194 people/km² in 2021, pressure on space is increasing, demanding efficient vertical housing planning. The construction and expansion of flats in Cirebon City not only plays a role in meeting housing needs but also supports the existence of public spaces, social interaction, and ecological balance. Therefore, spatial management strategies and the development of vertical housing are crucial aspects in responding to the dynamics of urbanization in Cirebon City.
Flats, Cirebon City, Development, Construction, Utilization
Copyright (c) 2024 Farrel Ardan Rinaldi (Author) https://creativecommons.org/licenses/by/4.0
Between Permit and Title: Legal Reconstruction of Apartment Ownership and Licensing Systems
The dispute between residents and the management of the Solo Paragon Apartment demonstrates that legal protection for consumers in vertical housing is ineffective. This study aims to analyze the forms of legal protection available to apartment residents as consumers in the face of management's actions that restrict access to shared facilities. This study uses a normative juridical approach, using a case study of the dispute at the Solo Paragon Apartment. The results indicate that the management's actions are inconsistent with Law Number 8 of 1999 concerning Consumer Protection and the Government Regulation on Apartments. The court ruling stated that the management had committed an unlawful act, and residents are entitled to restored access to facilities. The study concludes that there is a need to strengthen regulations and oversight in apartment management to ensure legal protection for consumers. This protection must be active and comprehensive, both in terms of prevention and enforcement of violations. This case serves as a clear example of the weakness of consumer protection in apartment management practices and the importance of regulatory reform and legal assistance for consumers.
consumer protection, apartments, unlawful acts
Copyright (c) 2024 Zaki Achmad Syamsuddin, Salsabila Shafa Khairunnisa (Author) https://creativecommons.org/licenses/by/4.0
Rethinking Space: Planning Theories for Sustainable Tourism in Gunung Kidul, Indonesia
Gunungkidul Regency is one of the regions that has experienced significant growth in the tourism sector in the last two decades. The beauty of the karst landscape, underground caves, and the series of southern beaches are major attractions for both domestic and international tourists. Amidst this development, challenges arise in managing space that balances economic interests and environmental preservation. The use of space for tourism purposes is often inconsistent with established spatial plans, resulting in conflicts over spatial use, damage to karst ecosystems, and shifts in the function of protected areas. This study aims to critically examine theories and approaches to spatial planning and evaluate the extent to which these approaches are applied in sustainable tourism development in Gunungkidul Regency. The approach used is a juridical-sociological one, examining the relationship between spatial planning legal norms and empirical conditions in the community. Data collection techniques were carried out through interviews with policymakers and tourism actors, direct observation of tourism development locations, and literature studies of planning documents such as the RTRW (Regional Spatial Plan), RDTR (Regional Spatial Plan), and regional regulations. The results show that the spatial planning approach that has been applied to date tends to be top-down and technocratic, thus lacking the involvement of local communities as the primary subjects of development. Mismatches between planning and implementation persist, particularly in the form of zoning violations and weak oversight of land use conversion.
Spatial Planning, Spatial Theory, Sustainable Development, Tourism, Gunungkidul
Copyright (c) 2024 Muhammad Adymas Hikal Fikri, Rayi Kharisma Rajib, Nur Hidayah, lsabila Nisa Aprilia, Safira Embun Insanidya, Andi Yudha Prasetyo (Author) https://creativecommons.org/licenses/by/4.0
Meikarta’s Delay Dilemma: A Legal Study on Apartment Handover and Consumer Harm
This article will discuss 'Legal Analysis of the Delay in Handover of Meikarta Apartment Units: Implications for Consumer Protection.' This research uses a qualitative research method that is descriptive in nature with a normative juridical approach. The results of this research indicate that the root cause of the delay in the handover of Meikarta apartment units lies in the developer's non-compliance with the administrative requirements before marketing the units through the pre-project selling system. The incompleteness of building permits, the unresolved status of land rights, and the unmet environmental impact analysis documents are the main factors causing delays in construction. According to applicable regulations, as long as these permits have not been obtained in full, the developer should not be allowed to enter into a Sale and Purchase Binding Agreement (PPJB) with prospective consumers. Therefore, based on the actions taken by the developer, the Meikarta apartment developer is entitled to be responsible as a form of legal protection for consumers.
Apartment; Developer; Consumer; Protection; Delay
Copyright (c) 2024 Joan Angelica Rossa, Ratu Syifa Junaedi Putri (Author) https://creativecommons.org/licenses/by/4.0
Mortgaging the Skies? Legal Status of Apartment Ownership in South Sumatra’s Financial Practices
The development of vertical housing needs such as flats in big cities, including in the South Sumatra Province, encourages the importance of legal certainty over ownership and utilization of flat units in the national financing system. The Certificate of Ownership Rights for Flat Units (SHM Sarusun) is recognized as a property right that can be used as an object of debt collateral by being burdened with Mortgage Rights. This provision is regulated in Law Number 20 of 2011 concerning Flats and Law Number 4 of 1996 concerning Mortgage Rights (UUHT), and is an implementation of Article 51 of the Basic Agrarian Law (UUPA). Article 27 of the UUHT explicitly states that the imposition of collateral rights on flats and ownership rights on flat units is possible and legally valid. This study highlights the implementation of these provisions in South Sumatra, emphasizing how banks in this region utilize SHM Sarusun as credit collateral in the form of Flat Ownership Credit (KPRS). In practice, financial institutions consider aspects of ease of binding, certainty of value, ease of execution, as well as supervision and maintenance of collateral objects. Therefore, flats built on shared land, with legal individual ownership rights, have become an effective collateral alternative in the financing system in South Sumatra. This study shows that SHM Sarusun not only has a social function as a residence, but also has a strong and relevant economic value in supporting legal and guaranteed financing access.
Apartment, Apartment Unit Ownership Rights, Mortgage Rights, South Sumatera, Material Collateral
Copyright (c) 2024 Bima Bayu Putra Sakti, Asmarani Ramli (Author) https://creativecommons.org/licenses/by/4.0
Apartment Ownership in Question: Legal Insights from Certificate-Based Cases in Rembang
This study aims to analyze the legal aspects of apartment ownership in Rembang Regency, with a particular focus on the implementation of ownership certificates. The background of this research stems from the growing urgency to develop vertical housing in areas with limited land and the importance of legal certainty for unit owners. The research problems addressed include the legal framework governing apartment ownership, the types of ownership certificates applicable, legal challenges in their application in Rembang Regency, and possible legal solutions. This research employs a normative approach and a case study of available apartment ownership certificates. The analysis reveals that although the legal framework—particularly Law Number 20 of 2011 concerning Apartments—is sufficiently established, its local implementation still faces obstacles, especially regarding legal literacy and access to certified land. Therefore, active involvement of local government is needed to facilitate land certification, conduct legal education for the public, and strengthen implementing regulations at the local level.
ownership, apartment, certificate, legal, Rembang
Copyright (c) 2024 Asri Suryaningtyas (Author) https://creativecommons.org/licenses/by/4.0
Urban Order or Legal Disorder? The Jerakah Flats Case in Semarang City Planning
Rapid population growth in Semarang City has prompted the government to develop vertical housing solutions in the form of flats as an alternative for low-income communities (MBR). This article analyzes the suitability of the Jerakah Flats development with the spatial planning principles stipulated in the Semarang City Spatial Plan (RTRW) and Regional Spatial Plan (RDTR), and evaluates the resulting social impacts on residents and the surrounding community. This article uses a normative juridical approach and sociological analysis to examine whether the Jerakah Flats development complies with zoning regulations and spatial efficiency principles, and the extent to which the project supports environmental sustainability. The resulting social impacts are complex, encompassing increased access to adequate housing, local economic opportunities, and challenges to social integration and equitable distribution of benefits. This study emphasizes the importance of inclusive and sustainable governance in vertical settlement planning in urban areas.
Copyright (c) 2024 Dihyan Arga Perdana (Author) https://creativecommons.org/licenses/by/4.0
Regulating Vertical Housing: Analysis of Indonesia’s Law No. 20/2011 in Kudus Urban Development
The development of flats in Kudus City is a solution to land limitations along with the increasing need for housing. This article analyzes the implementation of Law No. 20 of 2011 concerning Flats in a local context, including national regulations, implementation in the field, and the challenges faced. The results of the analysis show that the implementation of regulations in Kudus is not optimal due to the absence of special regulations, licensing obstacles, lack of legal education, and weak supervision. Strengthening of regional regulations, harmonization of central-regional policies, and increasing the role of government in socialization and supervision are needed in order to realize sustainable vertical housing.
Flats, Law No. 20 of 2011, regional regulations, Kudus City
Copyright (c) 2024 Mohammad Firdaus Syahputra (Author) https://creativecommons.org/licenses/by/4.0
Legal Gaps in Apartment Law: The Gading Nias Case and Urban Spatial Planning Challenges
This paper investigates the legal complexities in implementing the Apartment law within the Gading Nias Residence, one of the largest and densest vertical housing complexes in North Jakarta. The Apartment law, which distinguishes between individual ownership of apartment units and collective ownership of common areas and land, has faced significant challenges in this context. These challenges include delays in the formation of the Association of Apartment Owners and Occupants (PPPSRS), conflicts between residents and developers, and ambiguity surrounding land rights, which has left many residents without legal certainty regarding their units. Through a normative legal approach, combined with empirical case studies, this research examines the relevant laws and regulations, as well as the practical legal issues encountered on the ground. The study also explores the broader implications of these legal challenges on urban spatial planning, with particular emphasis on zoning inconsistencies, infrastructure strain, and the relationship with the Agrarian Reform policy under Presidential Regulation No. 62 of 2023. The analysis identifies weak government oversight and legal indecisiveness in the implementation of collective land rights as key contributors to the legal issues in Gading Nias. The paper concludes by recommending enhanced government oversight, accelerated land rights certification, and increased legal awareness among residents as critical solutions. This research contributes to the development of more effective legal frameworks and governance structures for vertical housing in Indonesia, highlighting the urgency of addressing these gaps amid rapid urbanization.
Spatial Planning, Apartment Law, Urban Planning, Legal Framework, Agrarian Reform
Copyright (c) 2024 Ruth Elita Gultom, Said Ikramuddin (Author) https://creativecommons.org/licenses/by/4.0